The Portland daily press., 1887-11-17
LEcAcIEs TO BE PAID.
Supreme Court Judges Decide the
Case Of Gov. Coburn's Heirs.
Colby University, the State College
and Insane Hospital Benefited.
The Affairs Of the Estate and the
Executors Intentions.

Especial 10 the IresS.I
AUGUSTA, Nov. 16.-It will be remembered
that the last effort of the heirs of ex-Governer
Abner Coburn to obtain slice Of the great
estate more than was given them by the will,
was an action to hinder the payment by the
executors of whole or part of the legacies
to the American Home Baptist Missionary
Society, the State College, Maine Insane
Hospital, Colby University, Skowhegan
Library and the poor of the town of Skow-
hogan, ON the ground that there was ques-
tion as to validity about the legacies which
provide for funding, and only the incomc to
be paid annually. and twas doubted by Hon.
ID. d. Stewart, counsel for the heirs, whether
such legacy amounts to anything more than
giving the legatee forever the income of
certain sum of money, leaving the title OF
the principal sum not vested in anybody ex-
cept by law in the testators heirs. The en-
tire question was exhaustively argued before
the Law Court at Portland last spring, and it
is now learned authoritatively that the
judges have decided TO sustain the legacies,
and written decision will be rendered next
January to that effect. Judge Haskell of
Portland will write it. This will end the
litigation which has continued for SO long in
the determined effort of the heirs, as this
was the last recourse of their counsel, Mr..
Stewart The bequests now remaining un-
paid are: 100000 to the American Home
Missionary Society; 100000 to the State
College; $4,000 to the Insane Hospital;
$4,000 to Colby University; $4,000 to the
Skowhegan Library, and $4,000 to the poor
of Skowhegan. Although by the enoing OF
litigation the executors could pay these sums
at the beginning of the year. they will not
do so for some time to come as they could
not realize on the securities at present with
out much loss, owing to the depreciation in
value since spring. For instance there are
$1,000 shares of Northern Pacific common
stock in the estate and this has fallen from
"a to 21A within six months. The depreci-
alton has been so great that not so much by
$4,000 could be obtained for the securities
now as last April. This delay was OCCASION
ed. of course, by the suits brought by the
heirs and should the sale be made now the
loss would be theirs. The unpaid bequests
of the provisions of the will have been draw
ing interest at per cent. in favor of the
legatees, since last February. The trustees
of the State College, wishing to use their in
terest money made application for it to the
executors recently and $4,000 will be paid
them, note being taken in return, to be
released when the decision sustaining the
will is announced in January. The execu-
tors will not close their accounts for several
years as there are debts which will not
mature for five years. A portion of the
timber lands now in the hands of the heirs
ought to be sold. is the opinion Of gentle
man acquainted with the estate, as it is
liable.to damage from fires, but he says they
cannot agree on the price they should re-
ceive and so there is no sale. He says oneof
the heirs is fishing to be agent of the prop
erty.